CRIT. RACE THEORY CURRICULUM; PROHIBIT                                          S.B. 460 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE










Senate Bill 460 (Substitute S-1 as reported)

Sponsor:  Senator Lana Theis

Committee:  Education and Career Readiness




The bill would amend the Revised School Code to do the following:


 --    Require the board of a school district or board of directors of a public school academy (PSA) to ensure that the curriculum provided to pupils did not include critical race theory, the 1619 Project, or other specified theories.

 --    Require the Michigan Department of Education (MDE), by September 30, 2022, and by September 30 of each year thereafter, to determine each district and PSA that violated the bill and withhold 5% of the total funds that were due to that district or PSA under the State School Aid Act.

 --    Require the MDE, by November 1, 2022, and by November 1 of each year thereafter, to submit a report to the House and Senate standing committees responsible for education legislation that listed all districts and PSAs that were not in compliance with the bill during the immediately preceding school year and a breakdown of districts and PSAs that had their funding withheld.

 --    Prohibit a district or PSA from directing or otherwise compelling pupils to affirm, adopt, or adhere to specified tenets.


MCL 380.1167                                                             Legislative Analyst:  Dana Adams




The bill would have a negative fiscal impact on the MDE and local school districts and PSAs. The Department would experience additional administrative costs to review all curricula for every district and PSA. Since all subjects and grade levels would be included under the bill, the MDE would need to review all curricula. The additional costs would include staff costs to review curricula and information technology costs to track school curricula. Costs also could increase if the MDE had to arbitrate challenges from school districts or PSAs as to its determinations or if the MDE had to review modified curricula. These costs likely would be in addition to current appropriations, which could include a new unit or expansions to the units that oversee school curricula.


Local school districts and PSAs would experience additional costs to review all curricula to ensure compliance with the bill and to make any necessary modifications.


Date Completed:  10-27-21                                                  Fiscal Analyst:  Cory Savino




This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.